AB483: Bill Text

AB483, s. 186 Section 186. 251.06 (3) (e) 1. of the statutes is created to read:

AB483,29,22 251.06 (3) (e) 1. A public health educator who meets qualifications that the department shall specify by rule.

AB483, s. 187 Section 187. 251.06 (3) (e) 2. of the statutes is created to read:

AB483,30,2 251.06 (3) (e) 2. A public health nutritionist, who is a certified dietitian, as defined in s. 448.70 (1m), is credentialed as a registered dietitian by the Commission on Dietetic Registration, and meets qualifications that the department shall specify by rule.

AB483, s. 188 Section 188. 251.06 (3) (e) 3. of the statutes is created to read:

AB483,30,6 251.06 (3) (e) 3. A public health dental hygienist, who is licensed as a dental hygienist under s. 447.04 (2) (a) or (b), and who meets qualifications that the department shall specify by rule.

AB483, s. 189 Section 189. 251.07 of the statutes is created to read:

AB483,30,13 251.07 Certain physicians; state agency status. A physician who is not an employee of the local health department and who provides services, without compensation, for those programs and services provided by a local health department that require medical oversight is, for the provision of the services he or she provides, a state agent of the department of health and family services for the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.

AB483, s. 190 Section 190. 252.14 (1) (ar) 13. of the statutes is amended to read:

AB483,30,16 252.14 (1) (ar) 13. An emergency medical technician licensed under s. 146.50 256.15 (5).

AB483, s. 191 Section 191. 252.15 (1) (af) of the statutes is amended to read:

AB483,30,19 252.15 (1) (af) "Emergency medical technician" has the meaning given in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 192 Section 192. 254.01 (2) of the statutes is amended to read:

AB483,30,25 254.01 (2) "Human health hazard" means a substance, activity or condition that is known to have the potential to cause acute or chronic illness or death if exposure to the substance, activity or condition is not abated, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public.

AB483, s. 193 Section 193. 254.59 (1) of the statutes is repealed and recreated to read:

AB483,31,18 254.59 (1) Local health officer or designee; authority. Upon receiving a complaint or if there is probable cause to believe that a human health hazard exists within the jurisdiction of a local health department, the local health officer of that jurisdiction or his or her designee may, under the requirements of this subsection, immediately investigate the suspected human health hazard. If the owner or the occupant of a property or premises consents, the local health officer or his or her designee may enter the property or premises at any reasonable time to inspect, investigate, evaluate, conduct tests, or take specimens or samples as may be reasonably necessary to determine the existence of a human health hazard. If the owner or the occupant of a property or premises refuses entry, the local health officer or his or her designee may seek a special inspection warrant under s. 66.0119 to authorize inspection, investigation, evaluation, conducting of tests, or taking of specimens or samples for testing, except that, if in the judgment of the local health officer or designee a suspected human health hazard poses an immediate threat to the health of an individual or the public, the local health officer or designee may enter an affected property or premises without consent or a special inspection warrant to perform these activities.

AB483, s. 194 Section 194. 254.59 (2) of the statutes is amended to read:

AB483,33,2 254.59 (2) Abatement or removal procedure. If Except as provided in sub. (3) or (3m), if a human health hazard is found on private property or premises, the local health officer or his or her designee shall notify the owner and the any occupant of the property or premises, by registered mail with return receipt requested personal service or by mail to the last known address of the owner and any occupant, of the presence of the human health hazard and order its abatement or removal within a reasonable time period, not to exceed 30 days of receipt of, as specified in the notice. If the human health hazard is not abated or removed by that date, the local health officer shall owner or occupant fails to comply with the order within the specified time, the local health officer or designee shall immediately enter upon the property or premises and abate or remove the human health hazard or may contract to have the work performed, or shall report the failure to abate or remove the human health hazard as specified under sub. (3m). The human health hazard shall be abated in a manner which that is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB483, s. 195 Section 195. 254.59 (3) of the statutes is created to read:

AB483,33,11 254.59 (3) Summary abatement or removal. If a human health hazard is found on private property or premises and, in the judgment of the local health officer or designee, poses an immediate threat to the health of an individual or the public, the local health officer or his or her designee shall make a good faith effort to notify the owner and any occupant by any practical means, shall confirm the notice in writing by personal service or by mail to the last known address of the owner and any occupant, and shall summarily abate or remove the human health hazard unless the owner or the occupant immediately abates or removes the human health hazard.

AB483, s. 196 Section 196. 254.59 (3m) of the statutes is created to read:

AB483,33,19 254.59 (3m) Abatement or removal by court action. If an owner or occupant fails to comply with an order under sub. (2), and if the local health officer or his or her designee determines that the nature of the human health hazard does not pose an immediate threat to the health of an individual or the public if not abated or removed under sub. (3), the local health officer or designee may report this fact to the attorney for the applicable city, town, village, or county, who may initiate court action to abate the human health hazard.

AB483, s. 197 Section 197. 254.59 (4) of the statutes is repealed.

AB483, s. 198 Section 198. 254.59 (5) of the statutes is amended to read:

AB483,34,18 254.59 (5) Cost of abatement or removal. The cost of abatement or removal of a human health hazard under this section subchapter may be at the expense of the municipality city, village, town, or county of the jurisdiction of the local health officer and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the property or premises and, upon certification of the local health officer, may be assessed by the treasurer of the city, town, village, or county of the jurisdiction of the local health officer as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk of the applicable city, town, village, or county to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village, or county from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner, occupant, or person may have against the collection of the cost or assessment of a tax under this subsection are that no human health hazard existed on the owner's property or premises at the time of abatement, that no human health hazard was corrected by or at the direction of the local health officer or his or her designee on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

AB483, s. 199 Section 199. 254.59 (7) of the statutes is created to read:

AB483,34,23 254.59 (7) Other abatement or removal authority. (a) A county, city, village, or town with a local health department may enact an ordinance concerning abatement or removal of a human health hazard that is at least as restrictive as this section:

AB483,34,25 (b) An ordinance enacted under par. (a) may be enforced in the county, city, village, or town that enacted it.

AB483,35,3 (c) This subsection may not be construed to prohibit any agreement under s. 66.0301 between a county and a city, town, or village that has a local health department, concerning enforcement under this section.

AB483, s. 200 Section 200. 254.59 (8) of the statutes is created to read:

AB483,35,7 254.59 (8) Penalties. (a) Whoever refuses entry under sub. (1) by a local health officer or his or her designee at reasonable hours in response to a human health hazard shall forfeit not less than $100 nor more than $300.

AB483,35,10 (b) Whoever maintains a human health hazard that requires abatement or removal under this section may be fined not more than $1,000 or may be imprisoned for not more than 90 days or both.

AB483, s. 201 Section 201. 255.06 (3) of the statutes is amended to read:

AB483,35,15 255.06 (3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under s. 146.185 250.20 (2) to (4), to ensure that disparities in the health of women who are minority group members are adequately addressed.

AB483, s. 202 Section 202. Chapter 256 of the statutes is created to read:

AB483,35,17 chapter 256

AB483,35,18 emergency medical services

AB483,35,19 256.01 Definitions. In this chapter:

AB483,35,20 (10) "Hospital" has the meaning given in s. 50.33 (2).

AB483, s. 203 Section 203. 340.01 (3) (dm) 2. of the statutes is amended to read:

AB483,35,24 340.01 (3) (dm) 2. Used by an emergency medical technician licensed under s. 146.50 256.15 or an ambulance driver or first responder authorized by the chief of an ambulance service or rescue squad.

AB483, s. 204 Section 204. 343.23 (2) (a) 1. of the statutes is amended to read:

AB483,36,3 343.23 (2) (a) 1. The person's employment as a law enforcement officer as defined in s. 165.85 (2) (c), fire fighter as defined in s. 102.475 (8) (b), or emergency medical technician as defined in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 205 Section 205. 343.23 (2) (a) 3. of the statutes is amended to read:

AB483,36,6 343.23 (2) (a) 3. The licensee's performance of duties as a first responder, as defined in s. 146.53 (1) (d) 256.01 (9).

AB483, s. 206 Section 206. 440.98 (3) of the statutes is amended to read:

AB483,36,11 440.98 (3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 255 256 or rules promulgated under those statutes.

AB483, s. 207 Section 207. 440.9805 (1) of the statutes is amended to read:

AB483,36,16 440.9805 (1) "Health care provider" means a health care provider, as defined in s. 146.81 (1), a person licensed or issued a training permit as an emergency medical technician under s. 146.50 256.15, or a person certified as a first responder under s. 146.50 (8) 256.15 (8) (a).

AB483, s. 208 Section 208. 893.82 (2) (d) 1r. of the statutes is amended to read:

AB483,36,18 893.82 (2) (d) 1r. A physician under s. 251.07 or 252.04 (9) (b).

AB483, s. 209 Section 209. 895.35 (2) (a) 2. of the statutes is amended to read:

AB483,36,22 895.35 (2) (a) 2. "Protective services officer" means an emergency medical technician or, as defined in s. 256.01 (5), first responder under s. 146.50 (1) (e) to (hm), as defined in s. 256.01 (9), a fire fighter, or a law enforcement or correctional officer.

AB483, s. 210 Section 210. 895.46 (5) (b) of the statutes is amended to read:

AB483,36,24 895.46 (5) (b) A physician under s. 251.07 or 252.04 (9) (b).

AB483, s. 211 Section 211. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB483,37,11 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50 256.15, first responder certified under s. 146.50 256.15 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB483, s. 212 Section 212. 905.04 (4) (h) of the statutes is amended to read:

AB483,37,15 905.04 (4) (h) Reporting wounds and burn injuries. There is no privilege regarding information contained in a report under s. 146.995 255.40 pertaining to a patient's name and type of wound or burn injury.

AB483, s. 213 Section 213. 940.20 (7) (a) 1e. of the statutes is amended to read:

AB483,37,18 940.20 (7) (a) 1e. "Ambulance" has the meaning given in s. 146.50 (1) (am) 256.01 (1).

AB483, s. 214 Section 214. 940.20 (7) (a) 2g. of the statutes is amended to read:

AB483,37,21 940.20 (7) (a) 2g. "Emergency medical technician" has the meaning given in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 215 Section 215. 940.20 (7) (a) 2m. of the statutes is amended to read:

AB483,37,24 940.20 (7) (a) 2m. "First responder" has the meaning given in s. 146.53 (1) (d) 256.01 (9).

AB483, s. 216 Section 216. 941.20 (1m) (a) 1. of the statutes is amended to read:

AB483,38,2 941.20 (1m) (a) 1. "Ambulance" has the meaning given in s. 146.50 (1) (am) 256.01 (1).

AB483, s. 217 Section 217. 941.20 (1m) (a) 2. of the statutes is amended to read:

AB483,38,5 941.20 (1m) (a) 2. "Emergency medical technician" has the meaning given in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 218 Section 218. 941.20 (1m) (a) 3. of the statutes is amended to read:

AB483,38,8 941.20 (1m) (a) 3. "First responder" has the meaning given in s. 146.53 (1) (d) 256.01 (9).

AB483, s. 219 Section 219. 941.37 (1) (a) of the statutes is amended to read:

AB483,38,11 941.37 (1) (a) "Ambulance" has the meaning specified in s. 146.50 (1) (am) 256.01 (1).

AB483, s. 220 Section 220. 941.37 (1) (c) of the statutes is amended to read:

AB483,38,16 941.37 (1) (c) "Emergency medical personnel" means an emergency medical technician licensed under s. 146.50 256.15, first responder certified under s. 146.50 256.15 (8), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.

AB483, s. 221 Section 221. 941.375 (1) (a) of the statutes is amended to read:

AB483,38,19 941.375 (1) (a) "Ambulance" has the meaning specified in s. 146.50 (1) (am) 256.01 (1).

AB483, s. 222 Section 222. 941.375 (1) (b) of the statutes is amended to read:

AB483,38,23 941.375 (1) (b) "Public safety worker" means an emergency medical technician licensed under s. 146.50 256.15, a first responder certified under s. 146.50 256.15 (8), a peace officer, a fire fighter, or a person operating or staffing an ambulance.

AB483, s. 223 Section 223. Initial applicability.

AB483,39,3 (1) Refusal of entry. The treatment of sections 254.01 (2) and 254.59 (1), (2), and (8) (a) of the statutes first applies to a refusal of entry on the effective date of this subsection.

AB483,39,6 (2) Maintenance of a human health hazard. The treatment of sections 254.01 (2) and 254.59 (1), (2), (3), (3m), (4), and (8) (b) of the statutes first applies to maintenance of a human health hazard on the effective date of this subsection.

AB483,39,9 (3) Local health officers of local health departments. The treatment of sections 251.05 (1) (a), (b), and (c) and 251.06 (1m) of the statutes first applies to local health officers hired on the effective date of this subsection.

AB483,39,10 (End)